Patna High Court
Hiramani DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner is entitled to regular bail.
Summary
The petitioner, Hiramani Devi, applied for regular bail in a case where she is alleged to have participated in the torture and death of her daughter‑in‑law, the informant’s daughter, under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the victim was beaten because she had not borne a son and eventually died of asphyxia by hanging. The petitioner contended that she was falsely implicated, has no prior criminal record, and has been in custody since 18‑Oct‑2025 while the husband of the deceased is also in judicial custody. The court examined the FIR allegations, the four‑month pre‑trial detention, and the submission of the charge‑sheet. Considering the material evidence and the petitioner’s prolonged custody, the court ordered that she be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The order was directed to be complied with by the Judicial Magistrate of Begusarai.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
- Whether the nature of the allegations and the period of pre‑trial detention justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- section 103
- section 3(5)
- domestic violence
- homicide
- Patna High Court
- custody
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11192 of 2026
Arising Out of PS. Case No.-182 Year-2025 Thana- Lakho District- Begusarai
======================================================
Hiramani Devi W/O Niraj Sah R/O Village- Lakho, Bhagwanpur, Ward No. 3,
P.S.- Lakho, District-Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Lakho P.S. Case no. 182
of 2025 registered under sections 103(1) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the daughter of the
informant who was married to the son of the petitioner herein
was tortured by the accused persons including the petitioner
who happens to be the mother-in-law of the informant’s
daughter. She was ultimately done to death. The informant
further states that the cause of the occurrence was that his son-
in-law would always beat up his daughter and the other accused
persons would not intervene only for the reason that she had not
given birth to a boy.
Patna High Court CR. MISC. No.11192 of 2026(2) dt.25-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case only for the reason
that she happens to be the mother-in-law of the deceased. The
allegations levelled against her of indifference, torture, etc are all
false and concocted. It is for this reason that while the occurrence is
said to have taken place on 27.8.2025, information was given at the
police station only on 29.8.2025. In the post-mortem examination,
the cause of death is said to be asphyxia due to hanging. The
allegations against the petitioner are general and omnibus in nature.
The petitioner who has no criminal antecedent is in custody since
18.10.2025. Chargesheet has been submitted in the case. It is lastly
submitted by learned counsel for the petitioner that the husband of
the deceased is in judicial custody.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the petitioner being the mother-in-law of the deceased,
the material that has transpired in course of investigation as
dealt with in the order of the learned trial Court, the husband of
the deceased being in custody and the petitioner having
remained in custody for over four months since 18.10.2025 with
Patna High Court CR. MISC. No.11192 of 2026(2) dt.25-02-2026
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chargesheet having been submitted in the case, the Court directs
the petitioner to be enlarged on bail in connection with Lakho P.S.
Case no. 182 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1st Class, Begusarai.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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